Problem Tenant
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Problem Tenant (by Samantha [KY]) Jun 10, 2019 11:04 AM
       Problem Tenant (by S i d [MO]) Jun 10, 2019 11:34 AM
       Problem Tenant (by JB [OR]) Jun 10, 2019 11:36 AM
       Problem Tenant (by Nicole [PA]) Jun 10, 2019 11:55 AM
       Problem Tenant (by Shaun [FL]) Jun 10, 2019 12:00 PM
       Problem Tenant (by Vee [OH]) Jun 10, 2019 12:42 PM
       Problem Tenant (by Robert J [CA]) Jun 10, 2019 2:10 PM
       Problem Tenant (by Busy [WI]) Jun 10, 2019 2:40 PM
       Problem Tenant (by TenantWhisperer [MA]) Jun 10, 2019 4:45 PM
       Problem Tenant (by Oregon Woodsmoke [ID]) Jun 10, 2019 6:07 PM
       Problem Tenant (by AllyM [NJ]) Jun 10, 2019 9:14 PM
       Problem Tenant (by Samantha [KY]) Jun 11, 2019 8:43 AM

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Problem Tenant (by Samantha [KY]) Posted on: Jun 10, 2019 11:04 AM

I am small potatoes(5 or so rentals over the years at a time) and I finally have a real pita on my hands. I'm wondering if the board can help me with suggestions on this issue. He constantly keeps cluttering the place and I see the apartment slowly starting to degrade. That's fine because no major damage is done at all and he has paid rent for over two years now so it's all good. it's time to move on and his lease is now month to month.

Here's the issue. While talking to him he basically said he has a girlfriend now living with him occasionally that is not on the lease. He said if I tried to end lease that I just can't kick them out of there because she setup residence there.

I basically want to remodel the place because we can get 100 - 150 more rent and it would only take me two weeks. Plus he just needs to go. He constantly is drama now for 2 years. What is the best way to go about this with ending the lease? How do I find out her name or how do I word it correctly that it covers anyone that lives there.

Yes I tried checking mail but it is always empty and she has no car and isn't there much. He always picks her up. I asked her for I.D the one time I did in-fact see her and she said she had none. How are landlords counteracting this these days where people will get a bill sent for residency to one your places that you are ending on a lease on so they can't technically cannot get evicted because you didn't even know they were there in the first place? This is for Kentucky. Thank you for any input.

Problem Tenant (by S i d [MO]) Posted on: Jun 10, 2019 11:34 AM

Hi Samantha!

Now is the best time to take action since you haven't got a lot of rentals to have to reverse the trend on.

First, there are a few misunderstandings here we need to clear up:

1) Tenant says you can't get rid of them because she has set up residence. Bull! Yes you can get rid of them by issuing a 30 days notice not to renew. Don't even need a reason in most states. Just send it. "Dear resident. We are not renewing your lease effective July 1st. You must have all your stuff moved out and return full possession of the unit to us on or before noon on July 31st. Thanks, the Management." If they fail to move, you evict them and legally remove their and their stuff. You don't need her name. Simply add "et al" or whatever else your attorney recommends to clear out ALL inhabitants. Tenants often don't know the law, but they sure can make up stories based on what their drunk uncle-in-law said last Christmas to bamboozle land lords who don't know the law.

2) "It's okay because he has paid rent for 2 years..." No, it is NOT okay. Little damages add up. Odds are you haven't even seen the worst yet. If small damages were okay, you'd have said so in your lease. What does your lease say about damages? THAT is what determines what is okay and not okay. Do not tolerate damages just because rent is paid on time: too many land lords make this mistake and things only get worse.

Since this sound like this could be your first time evicting someone and it also sounds like you're not sure of the law or the process, I strongly recommend getting an attorney who specializes in land lord / tenant law and who has the temperament of a pit bull. Let him/her get rid of these folks for you and you'll get back to making money and living happy again sooner!

Problem Tenant (by JB [OR]) Posted on: Jun 10, 2019 11:36 AM

Your first problem is you have a tenant telling you what you can and cannot do. Who is in charge, you or him?

Unless your state has some ridiculous laws regarding this it should be pretty simple.

Give him proper notice that he is to be out. Use his name "plus any other occupants."

You also may be able to bounce him if you can show proof that she is living there as an unauthorized occupant (just because she takes up residence there doesn't mean now she can stay and you can't do anything about it...that's ridiculous).

You threated eviction if he starts getting nasty like that and ask him if he has any idea what that will do to his ability to find decent housing.

If this seems too difficult for you or you just aren't comfortable with it get yourself a hard-nosed LL/tenant attorney to help you through the process.

Problem Tenant (by Nicole [PA]) Posted on: Jun 10, 2019 11:55 AM

In Pennsylvania, you can only list actual names as defendants. Here, it doesn't matter who lives there. You are asking for possession of the property and everyone goes so no need to know who (or if they even exist) they all are. Constable posts property - no personal service needed. Here, we get possession of the property. The monetary judgment goes against the person on the lease.

Problem Tenant (by Shaun [FL]) Posted on: Jun 10, 2019 12:00 PM

Oh I would have been livid. I can't terminate a M2M lease because an unauthorized person is living on my property. Yeah right.

My first thought- Is there anything in your lease that speaks to guests, additional residents, subletting? If there is anything in your lease concerning unauthorized residents...Start there. You can use this a reason to terminate the lease. Send notice in accordance with your state guidelines. I personally add a few days so they can't play the "not enough time".

Or... you could send a notice to increase the rent, you stated it's under market value. I have used the wallet before to get rid of a soured Landlord/tenant relationship. I have in my lease that additional tenants increase the rent by $50.00 per person per month. And unauthorized residents are a lease violation, which means I can terminate the lease immediately.

Problem Tenant (by Vee [OH]) Posted on: Jun 10, 2019 12:42 PM

In honor of Aldo who was a longtime poster on the board here, remember these words -

1. The landlord is in charge.

2. Refer to 1. if any doubts.

It is time to recover control, stop in and read here to gain more wisdom than the tenants, also good idea to visit housing court to observe the local practices regarding the situation you are asking about, download new copy of your local and state tenant rules. Then you can shelter your investment from -problem tenants- and send them down the road to buy a house or -work with- someone else.

Problem Tenant (by Robert J [CA]) Posted on: Jun 10, 2019 2:10 PM

It's time to consult with an eviction attorney and get these tenants out. You will loose a few months worth or rent and then have to fix up the rental. But in the end you will have a better rental, better tenants and more income. Or you can keep on dealing with your tenants and worry about it from dust to dawn. --47.156.xx.xx

Problem Tenant (by Busy [WI]) Posted on: Jun 10, 2019 2:40 PM

MTM? Time for a great big rent increase, before the remodel. Nice fat rent increase might sort the problem out for you. Just a thought....

Problem Tenant (by TenantWhisperer [MA]) Posted on: Jun 10, 2019 4:45 PM

Month-to-Month? Easy.

Just give him a 30 day notice to quit. Don't give him a reason (unless required in your state).

If he persists asking for a reason just say over and over and over, "I just want possession".

Any reason you give will be used against you.

When the 30 days is up, just start eviction. Just don't supply a reason.

Problem Tenant (by Oregon Woodsmoke [ID]) Posted on: Jun 10, 2019 6:07 PM

Get moving on it. Summer is the best time to have a vacancy. So give them their no-cause notice to vacate today.

(Someone from KY tell her how many days the notice has to be for. My memory says 30 days, but that needs to be double checked)

Problem Tenant (by AllyM [NJ]) Posted on: Jun 10, 2019 9:14 PM

Find out what your state allows as grounds for eviction. Here in NJ it's pretty much only for non payment. Check your lease to see if anything he does or doesn't do is on the lease.

Problem Tenant (by Samantha [KY]) Posted on: Jun 11, 2019 8:43 AM

All I want to know is how do I word the Kentucky end of lease notice that I want to send him to include any rogue tenant not on the lease. Everything else is fine. I have evicted someone in the past and there is no damage at all to the place besides some clutter because I inspect my properties often. It's all good. This guy has given me 20k in past 25 months and there is 0 damage. Maybe just 1 dumpster is needed and a top coat of paint and some cleaning. I do not have issues, only solutions. I am a hands on owner and manager.

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